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2009 (8) TMI 81

..... goods - On receipt of the goods, the petitioner filed a bill of entry on 15th march 1990 claiming duty free clearance u/s.20 of the Customs Act, 1962 – AC refused to allow the duty free clearance and issued SCN – Customs Authorities disposed of the goods sometime in November 1990 - the petitioner has filed this petition for writ of mandamus directing the delivery of goods or payment of the price thereof with interest – held that – petitioner is entitled for value of goods at claimed in writ petition – interest also allowed for 18 years at the rate of 6% as against 18% claimed by the petitioner - 3699 of 1991 - 25-8-2009 - FERDINO. I. REBELLO and D.G. KARNIK, JJ Mr. H. Daruwala i/b Crawford Bailey & Co. for the petitioner. Mr. A.S. Rao w .....

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..... respondents 3/ 4 Air India/International Airport Authority of India. On 5th February 1991, petitioner requested for a detention certificate which was issued to the petitioner on 7th February 1991 for 301 days. The petitioners then approached respondents 3 / 4 who orally informed it that the goods had already been disposed of sometime in November 1990 by the Customs Authorities. By a letter dated 14th February 1991, the petitioner wrote to the Collector of Customs requesting him to look into the matter and also requesting for a personal meeting. No action was taken by the Customs Authorities inspite of reminders by the petitioner. The petitioner therefore, by a letter dated 14th April 1991 called upon the respondent no.1 to deliver the goods .....

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..... er the name of the specific customs officer who thus came to the said C6. I say that as per their usual practice on or about 19/11/1990 a customs officer came to the said junk room to inspect the goods stored by the 3rd Respondent and to determine which goods were damaged beyond repair/retrieval and/or otherwise should be auctioned off and/or sold off. I do not today remember the name of Cargo complex on or about 19/11/1990. It appears that the said officer decided that all the goods lying in the junk room were damaged beyond repair/retrieval and ought to be sold or auctioned off. The 3rd Respondent s responsibility in respect of goos ends at this point. Thereafter, the customs authorities decide as to which goods to auctions, and I am not .....

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..... e goods covered under the consignment in question were transported out are annexed to the affidavit of Mr.Gonsalves. No affidavit in reply has been filed by the Customs Authorities denying the averments in the affidavit of Mr.Gonsalves. Affidavit of Mr.Gonsalves and the documents annexed thereto clearly show that the goods in question were auctioned by the Customs Authorities and were permitted to be removed for being delivered to the auction purchaser. Counsel for the respondents stated before us that in the facts and circumstances of the case, it is not possible to deliver the goods to the petitioner. The petitioner is the owners of the goods. The clearance of the goods was permitted by the Customs Authorities and even a detention certifi .....

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